Daft Lad

This is over a very petty subject but it has got me extremely wound up!!!

Now, we have an old man living next door to us and he is a proper miserable old *******, the sort of bloke who never gave us our ***** back if they went over onto his garden, when we were kids. Me and him have had words before because of me washing my car on the drive, the water used to run down onto his garden (last I heard water didn't do grass any harm - it was a stupidly small amount - his garden is only bloody soil and grass anyway!) which amounted to no action being taken.

Now - between the two back gardens there is a fence, which is on his side, and a hedge (about 7ft high) on our side. Now, this hedge is by no means overgrown, but for some reason said neighbour has taken to cutting our hedge and throwing the cuttings all over our garden. I didn't think this was right so me and my sister would regularly throw the trimmings back over, only for him to throw them back again.

Now, my sister has just rang me in tears because she has had a letter ADRESSED TO HER, from the Citizens Advice Bureau, saying that our neighbour has put a complaint in and that its basically an order to stop throwing our rubbish onto his property. I am basically sat here at work absolutely fuming!!! I don't know exactly what the letter says, whether it is just letting us know that a complaint has been made or whether its threatening action if it continues, I will read it when I get home.

But where do we stand? Surely because the hedge is on our property that means that he is unentitled to cut it in the first place? Any help would be grateful, I am going to be going round and speaking to him tonight so any legal info to arm myself with would be great!

fitzscoob

does the hedge hang over onto his side?

Midlife......

iTrader: (2)

He is allowed to remove branches which overhang his property but me must offer you the aforementioned wood and not just dispose of it. Leaves and fruit which fall onto his property become his.

He cannot lean over the fence and cut your hedge.

This is my understanding of the situation after a talk with my neighbour !!

Shaun

Rage!

He is entitled to cut off any parts of the hedge overhanging his property... however he is actually obliged by law to return the clippings to your side as the hedge is your property.

So the old **** is only in the wrong if he is cutting parts of the hedge that are not overhanging his boundary.

Jay m A

iTrader: (2)

I'm afraid what he doing is within his right. For any trees/plants growing from your side into his, he can trim them back to his boundry and return the trimmings. Tossers just throw it over the fence, normal neighbours dispose of it themselves, and expect you to do the same when the situation is reversed.

Daft Lad

Thanks guys, to answer you all no the hedge does not overhang his property at all. He is actually trimming the top of the hedge and throwing it all over our garden. So TECHNICALLY....is he trespassing? Or is that a bit OTT?

Flatcapdriver

Provided the hedge extends over the boundary line then he's entitled to cut it. As an example, next door has a gum tree that has several branches that extend over our hedge and I would be well within my rights to cut them off without consulting the neighbours. However, I'll have a chat with them at an appropriate time and see if we can reach consensus which is what I'd advise you to do. Simply throwing the cuttings back over the hedge won't resolve anything but will aggravate the situation.

I'd suggest a friendly chat to sort this out.

Midlife......

iTrader: (2)

The law on trespass is a bit hazy. As the hedge is your property then he would be commiting criminal damage. Well in line for an ASBO

Shaun

DCI Gene Hunt

FFS Get a grip of yourself and STOP bullying the old man!!!.... your sister should go round and apologise to him.........

Daft Lad

Hes not the sort of person to have friendly chats with unfortunately, but I'll see what I can do. You're right, throwing the branches back over isn't the most effective (or mature ) way to sort it out, it just seemed like the only way he'd do anything about it! I'll be popping round to have a word with him tonight so hopefully we can sort this out once and for all!

Midlife

Midlife......

iTrader: (2)

Gene

Is your middle name Waddock ??

Daft Lad

Are you the neighbour in question?

DCI Gene Hunt

Midlife...... is you middle name 'Bell-Cheese'........

DCI Gene Hunt

Yep, now stop washing your feckin car and letting all that black brake dust sh1te kill my lawn...............

Daft Lad

See you in court!

Account deleted by request

are you pslewis in disguise? he's a miserable old git to

chop

Drunken Bungle Whore

From a legal advice website:

Trees



Overhanging branches



If a neighbour’s tree hangs over an adjoining property, the tree owner should be asked to trim back the tree. If this is not done, the complainant has the right to trim the tree back to the boundary line (but see Tree preservation orders below) although any branches and/or fruit removed belong to the tree’s owner and should be returned.


An overhanging tree may also be a danger. For example, most parts of a yew tree are poisonous. If any damage or injury is caused, the tree owner will be liable to pay compensation if a person affected brings a claim for damages.


Dangerous trees



In England and Wales, local authorities have powers have powers to deal with trees on private property which are in a dangerous condition. A local authority can:-

• make any tree safe, if asked to do so by the owner of the land on which the tree stands. The local authority will recover the costs of doing this from the owner; and/or
• make a tree safe on someone else’s land, if asked to do so by a neighbour whose property is threatened by the tree and the owner of the land on which the tree stands is not known; and/or
• serve a notice on someone who has a tree in a dangerous condition which is threatening to damage the property of a neighbour and that neighbour asks the local authority to take action. The owner of the tree must comply with the notice. If they do not, the local authority will do the necessary work and recover the costs from the owner. The owner can appeal to the county court against the notice.

If you want the local authority to take action, you should contact the planning or technical services department who will check the condition of the tree.


It is up to the local authority to decide if the tree is in a dangerous condition. If it considers it to be safe, it does not have to take any action.


In Northern Ireland, local councils only have powers to make a dangerous tree on private property safe if it is overhanging a public footpath or road. If a dangerous tree is overhanging a neighbour's property, you will have to try and come to an agreement with the tree's owner. You could also think about going to mediation or, as a last resort, taking legal action against your neighbour.

Daft Lad

Cheers for that DBW, that clears things up a bit. However just to stress, the hedge does not overhang his garden, it is flat-topped and it is the top of the hedge that he is cutting, and to cut it he has to be up a step ladder leaning over his fence and therefore onto our property.

richardg

http://news.bbc.co.uk/1/hi/uk/3207487.stm

there have been a number of high profile cases involving hedge disputes over the last 5 years or so. print a couple of the bbc reports out and post them through his letter box as "friendly advice"

richardg

...or look at the "hedgeline" link in the above article and read up on your rights

unclebuck

do bears sh*t in the woods?


http://www.gardenlaw.co.uk/